CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Lisa F. Barazzutti
Date: August 27, 2018
Indexed as: (Re) 1801-00335
ORDER
Introduction
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (CVCA). The Applicant is seeking pain and suffering as a result of a physical assault that occurred on [date], 2017 where she sustained physical injuries. The incident was reported to the police and resulted in a conviction of assault.
Decision
2The CICB approves the claim and awards the Applicant the sum of $5,000.00 for the reasons set out below.
Issues
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the CVCA. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that her injuries are the result of the crime pursuant to subsection 5(a) of the CVCA.
Hearing
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
5The CICB received the following documents with respect to the claim: police report dated [date], 2018, hospital records from [name] General Hospital, medical report from Dr. [name] dated [date], 2018, (specialist(s)), report from her physical therapist dated [date], 2018 along with the records from the Workplace Safety and Insurance Board and an updated letter from the Applicant dated [date], 2018.
6The police report received on file indicates that the Applicant while working as a police officer she was punched in the face under her left eye by the Offender.
7Hospital records received indicate that the Applicant has sustained an abrasion to the left knee and reported feeling “fuzzy” in the head and was experiencing mild neck pain. Hospital records notes that the Applicant was alert, oriented and did not experience any acute distress or discomfort.
8The medical report from her family doctor indicates that the Applicant had sustained a concussion and was experiencing headaches and neck pain. The report goes on to indicate some memory impairment but that all of these symptoms were improving and that the impairment was temporary.
9The physiotherapy report on file indicates that the Applicant was experiencing ongoing headaches and cervical pain but that this was a temporary impairment and that it was likely that she would make a full recovery.
Analysis and Decision
10For the following reasons the CICB grants the Application.
11While on duty as a police officer, the Applicant was punched under the left eye by the Offender. She was admitted into the hospital and was treated for her injuries as outlined above. She was subsequently off of work for a period of time (approximately two months according to the report from her family doctor). She was placed on modified duties and as of [date], 2018 has returned to work full-time but on modified duties. She indicates that the incident has affected her employment with the force because of the limitations she continues to experience. The Applicant was in receipt of WSIB for an income loss and did not qualify for a non-economic loss. The Applicant has not made a claim for income loss in the context of this application to the CICB.
12No claims for expenses were made by the Applicant.
13The Applicant did not disclose any emotional injuries as a result of the incident. She indicated in her letter to the CICB that her ongoing symptoms has impacted her family in that she had had to rely upon her spouse and family for assistance and has had to cancel or postpone family events because she needed more time to rest and recover.
14In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it has affected the Applicant. As a result of this incident, the Applicant suffered from daily headaches and cervical neck pain. She was placed on modified duties for a period of time and although she is currently back to work full-time she is on light duties working inside rather that out on patrol. She has returned to work full-time. She has indicated that because of this incident she still suffers from headaches and issues with her memory.
15Considering these factors, the medical reports on file, treatments reports and the written letter on file from the Applicant, the CICB assesses compensation for pain and suffering in the amount of $5,000.00.
Award
16The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $5,000.00
TOTAL AWARD (AND COSTS) $5,000.00
Payment
17The CICB orders that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto this 27^th^ day of August, 2018.
______________________________
Lisa F. Barazzutti, Member